[Code of Federal Regulations]
[Title 19, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR354.5]

[Page 295-296]
 
                        TITLE 19--CUSTOMS DUTIES
 
                         DEPARTMENT OF COMMERCE
 
PART 354--PROCEDURES FOR IMPOSING SANCTIONS FOR VIOLATION OF AN ANTIDUMPING OR COUNTERVAILING DUTY ADMINISTRATIVE PROTECTIVE ORDER--Table of Contents
 
Sec.  354.5  Report of violation and investigation.

    (a) An employee of the Department who has information indicating 
that the terms of an administrative protective order have been violated 
will provide the information to the Senior APO Specialist or the Chief 
Counsel.
    (b) Upon receiving information which indicates that a person may 
have violated the terms of an administrative protective order from an 
employee of the Department or any other person, the director will 
conduct an investigation concerning whether there was a violation of an 
administrative protective order, and who was responsible for the 
violation, if any. No director shall investigate an alleged violation 
that arose out of a proceeding for which the director was responsible. 
For the purposes of this part, the director will be supervised by the 
Deputy Under Secretary for International Trade with guidance from the 
Chief Counsel. The director will conduct an investigation only if the 
information is received within 30 days after the alleged violation 
occurred or, as determined by the director, could have been discovered 
through the exercise of reasonable and ordinary care.
    (c)(1) The director conducting the investigation will provide a 
report of the investigation to the Deputy Under Secretary for 
International Trade, after review by the Chief Counsel, no later than 90 
days after receiving information concerning a violation if:
    (i) The person alleged to have violated an administrative protective 
order personally notified the Secretary and reported the particulars 
surrounding the incident; and
    (ii) The alleged violation did not result in any actual disclosure 
of business proprietary information. Upon the director's request, and if 
extraordinary circumstances exist, the Deputy Under Secretary for 
International Trade may grant the director up to an additional 90 days 
to conduct the investigation and submit the report.
    (2) In all other cases, the director will provide a report of the 
investigation to the Deputy Under Secretary for International Trade, 
after review by the Chief Counsel, no later than 180 days after 
receiving information concerning a violation. Upon the director's 
request, and if extraordinary circumstances exist, the Deputy Under 
Secretary for International Trade may grant the director up to an 
additional 180 days to conduct the investigation and submit the report.
    (d) The following examples of actions that constitute violations of 
an administrative protective order shall serve as guidelines to each 
person subject to a administrative protective order. These examples do 
not represent an exhaustive list. Evidence that one of the acts 
described in the guidelines has been committed, however, shall be 
considered by the Deputy Under Secretary as reasonable cause to believe 
a person has violated a administrative protective order, within the 
meaning of Sec.  354.6.
    (1) Disclosure of business proprietary information to any person 
other than the submitting party, an authorized applicant, or an 
appropriate Department official identified in section 777(b) of the 
Tariff Act of 1930, including disclosure to an employee of any other 
United States Government agency or a member of Congress.
    (2) Failure to follow the terms and conditions outlined in the 
administrative protective order for safeguarding business proprietary 
information.
    (3) Loss of business proprietary information.
    (4) Failure to return or destroy all copies of the original 
documents and all notes, memoranda, and submissions containing business 
proprietary information at the close of the proceeding for which the 
data were obtained by burning or shredding of the documents or by 
erasing electronic memory, computer disk, or tape memory, as set forth 
in the administrative protective order.
    (5) Failure to delete business proprietary information from the 
public version of a brief or other correspondence filed with the 
Department.
    (6) Disclosure of business proprietary information during a public 
hearing.
    (7) Use of business proprietary information submitted in one segment 
of a proceeding in another segment of the

[[Page 296]]

same proceeding or in another proceeding, except as authorized by the 
Tariff Act of 1930 or by an administrative protective order.
    (8) Use of business proprietary information submitted for a 
countervailing duty investigation or administrative review during an 
antidumping duty investigation or administrative review, or vice versa.

[53 FR 47920, Nov. 28, 1988, as amended at 63 FR 24404, May 4, 1998]